Pittsburg Steel Co. v. Cottengin
Missouri Court of Appeals
Appeal from Wright Comity Circuit Court. — How. G. H. SkinJcer, Judge. (1) Antecedent or contemporaneous verbal stipulations under such facts as shown in this case are inadmissible to vary or contradict a written contract, Helmrichs v. Gehrke, 56 Mo. 79'; Bank v. Bank, 149 S. W. 495; McDaniels v. United Rep. Co., 165 Mo. App. 678, 148 S. W. 464; Wheless v. Grocery Co., 140' Mo.
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Appeal from Wright Comity Circuit Court. — How. G. H. SkinJcer, Judge. (1) Antecedent or contemporaneous verbal stipulations under such facts as shown in this case are inadmissible to vary or contradict a written contract, Helmrichs v. Gehrke, 56 Mo. 79'; Bank v. Bank, 149 S. W. 495; McDaniels v. United Rep. Co., 165 Mo. App. 678, 148 S. W. 464; Wheless v. Grocery Co., 140' Mo. App. '572,120 S. W. 708. (2) Even in cases of ambiguity in a written contract the parties may not say in plain terms what was the intention, and parol evidence is admissible not for the purpose of contradicting the…
1Opinion of the CourtSturgis, J.
This suit grew out of a dispute as to whether tbe plaintiff as seller or tbe defendant as buyer should pay tbe freight on certain wire fencing sold and shipped by plaintiff to defendant. Tbe defendant is a country merchant doing: business at Grove Springs, Missouri, but whose railroad station is Niangua, Missouri, and plaintiff’s business and location is indicated by its corporate name. Tbe terms of tbe sale are shown by a written order or contract signed *395by defendant and attested by plaintiff’s salesman, who called on defendant and solicited this order. The petition counts on goods, wares…
Also in this document: Concurrence.
2Cases cited13 opinions
- Coleman v. RobertsSupreme Court of Missouri · 1908
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1905
- Porter v. WoodsSupreme Court of Missouri · 1897
- Strother v. BarrowSupreme Court of Missouri · 1912
- Sonnenfeld v. RosenthalSupreme Court of Missouri · 1912
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